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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: Third Party FOSS licenses
Date Sat, 01 Aug 2015 18:59:58 GMT
Henri Yandell wrote:

> What I mean is that most contributions are derivative works

> of the Apache product they are contributing to.  

 

That is a level of recursion (and time travel) that I never imagined. My imagination is weak.
But I'll grant the hypothetical.

 

It is always true that a derivative work of an ALv2-licensed Apache project may be contributed
back to us under ALv2 or any other appropriate FOSS license. This is good!

 

/Larry

 

 

From: Henri Yandell [mailto:bayard@apache.org] 
Sent: Saturday, August 1, 2015 11:50 AM
To: ASF Legal Discuss <legal-discuss@apache.org>; Lawrence Rosen <lrosen@rosenlaw.com>
Subject: Re: Third Party FOSS licenses

 

 

 

On Sat, Aug 1, 2015 at 11:20 AM, Lawrence Rosen <lrosen@rosenlaw.com <mailto:lrosen@rosenlaw.com>
> wrote:

Henri Yandell asked:

> The majority of contributions are based on the pre-existing work.

> So how can "As long as those works are indeed separate and

> independently created by identified (or anonymous) authors"

> be correct?

 

The phrase "based upon" is part of the definition of "derivative work" (17 U.S.C. 101 <http://www.copyright.gov/title17/92chap1.html#101>
). You may be right that the majority of contributions to Apache projects are themselves derivative
works of even earlier original works. That wouldn't surprise me since that is the preeminent
objective of FOSS software. 

 

This may be what Sam referred to as "marbled beef" or "pee in the pond". We (independent Apache
projects) collect that stuff and publish it. 

 

It doesn't matter how much creativity it takes to combine separate and independent works and
create derivative or collective works of software. But it does take an identified (or anonymous)
human being (or a legal entity like ASF) as its author in order to create a separate and independent
work.

 

 

What I mean is that most contributions are derivative works of the Apache product they are
contributing to.  

 

Hen 


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